Samsung's Request to See iPhone 5 and iPad 3 Denied

Wednesday June 22, 2011 8:38 AM PDT by Eric Slivka

For nearly a month now, we've been following Samsung's request for access to Apple's next-generation iPhone and iPad hardware, a move obviously made in retaliation for Apple having demanded (and received) access to unreleased, albeit publicly-shown, Samsung hardware as part of the legal battle between the two companies.

As noted by FOSS Patents, a federal judge has now ruled that Apple does not have to turn its plans for the next-generation iOS hardware over to Samsung's lawyers.

The judge also ruled, however, that there is some merit to Samsung's claims that its own forthcoming devices claimed to be infringing on Apple's designs should be compared to Apple's next-generation hardware as opposed to the current-generation hardware, particularly in the case of the iPhone. With Apple expected to be releasing the next-generation iPhone within the next few months, the judge notes that the potential for customer confusion should be gauged against products on the market at the same time.

Samsung is free to argue, for instance, that there is little likelihood of confusion because consumers will not encounter its products side-by-side with the iPhone 4 or iPad 2, but rather with Apple's next generation iPhone and iPad. Similarly, as to proximity, Samsung is free to argue that because the iPhone 4 and [iPad] 2 will soon be outmoded and reduced in price, they are not being sold (or very soon will not be sold) to the same class of purchasers who are likely to buy new Samsung products. By choosing to allege infringement only of its current products, Apple opens itself up to these arguments.

But while the judge admits that aspect of Samsung's argument, her ruling also reveals that she is unconvinced of an imminent release of new hardware from Apple, particularly in the case of the next-generation iPad. And regardless of Apple's timeline for a hardware release, Samsung's case does not hinge upon receiving early access to Apple's unannounced devices.

I'm sure Apple has a working prototype of the iPhone 5, and a Prototype of the next iPad in their labs.. Are you going to say that when the iPhone 3GS was the main iPhone, the next iPhone didn't exist? Well thats wrong, because a clumsy Engineer left it behind in a bar.... and it was indeed the next iPhone!:rolleyes:

Things that are not publicly released are hypothetical and not real. That's what he meant. I am sure Apple have plans for next 3 iPhones but that's no way at any final stage to even consider a real product.

My first thought when I first read these stories, was not that a customer might be confused into thinking a Samsung phone was an iPhone, but more along the lines of.. "well the samsung one is cheaper, and its close enough to the iphone (hardware and software) so I might as well just get the cheaper samsung one".

This thinking would apply to a lot of people I think, who are less concerned about having an iPhone and just want a 'cool smart phone'

Several commenters have said the average consumer would almost certainly know an iPhone from a Samsung, but I have overheard so many conversations in electronics stores (esp. Best Buy) that would make you realize how many consumers simply do NOT understand such differences.

Over the years, I have heard too many people buy an 'iPod' that was in actuality another mp3 player, and the salesmen never bothered to correct them.

Not too long ago, I saw a middle-aged couple looking at an HP Envy laptop, thinking it was a MacBook. Apparently, they were going to surprise their son with the MacBook he wanted for college. All they picked up on was that both were metal and looked similar, so they were the same right? But the 'HP Macbook' was cheaper, and the salesman played right along.

Just a few weeks ago I overheard a Best Buy employee explain to a young woman that, just like appliances are all made by the same group just with different branding, the Samsung and iPhone are really the same. She got the Samsung, and kept referring to it as an iPhone. I didn't know whether to laugh or cry when she was looking at actual iPhone cases and asked, "Will this case fit my iPhone?" My guess is that she probably got the Samsung and probably still doesn't understand that it isn't an iPhone.

It's not just Apple vs. non-Apple, either. I've seen all too many people pick Product B over the Product A they seemed to be interested in (a PS3 Move over a Wii?!) seemingly because they don't really get the difference. The common thread was an ill-informed consumer, and a salesman that will say anything. The combination made some sad magic.

Several commenters have said the average consumer would almost certainly know an iPhone from a Samsung, but I have overheard so many conversations in electronics stores (esp. Best Buy) that would make you realize how many consumers simply do NOT understand such differences.

Over the years, I have heard too many people buy an 'iPod' that was in actuality another mp3 player, and the salesmen never bothered to correct them.

Not too long ago, I saw a middle-aged couple looking at an HP Envy laptop, thinking it was a MacBook. Apparently, they were going to surprise their son with the MacBook he wanted for college. All they picked up on was that both were metal and looked similar, so they were the same right? But the 'HP Macbook' was cheaper, and the salesman played right along.

Just a few weeks ago I overheard a Best Buy employee explain to a young woman that, just like appliances are all made by the same group just with different branding, the Samsung and iPhone are really the same. She got the Samsung, and kept referring to it as an iPhone. I didn't know whether to laugh or cry when she was looking at actual iPhone cases and asked, "Will this case fit my iPhone?" My guess is that she probably got the Samsung and probably still doesn't understand that it isn't an iPhone.

It's not just Apple vs. non-Apple, either. I've seen all too many people pick Product B over the Product A they seemed to be interested in (a PS3 Move over a Wii?!) seemingly because they don't really get the difference. The common thread was an ill-informed consumer, and a salesman that will say anything. The combination made some sad magic.

just like when the kitana or the blade was out and people thought they were razr. your point is the most real world example of the argument that apple is making in this lawsuit. premium brands being knocked off. apple spends its ad money to market apple products.

MacRumors attracts a broad audience
of both consumers and professionals interested in
the latest technologies and products. We also boast an active community focused on
purchasing decisions and technical aspects of the iPhone, iPod, iPad, and Mac platforms.